ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

Cr. Misc. Appln. No:  31 of 2011.

Date                          Order with signature of judge.

For Katcha Peshi.

04.10.2011.

                        Mr. Sarfraz Khan Jatoi, advocate alongwith applicants.

                        Mr. Altaf Hussain Surahio State Counsel.

========

                        Heard  Mr.Sarfraz Khan Jatoi, learned counsel for the applicant and Mr. Altaf Hussain Surahio, State Counsel and perused the order passed by learned Sessions Judge, Jacobabad.

                        The facts  in brief   are that  complainant Mohammad Ibrahim Machhi has lodged crime No.77/2010 at P.S Sadr  Jacobabad  for an offence  falling U/S 302, 324, 148, 149 PPC.  The names of the applicants have been mentioned in the FIR  with their role   that they have hatched up a conspiracy  and in consequence  of such conspiracy the deceased  Mohammad Azeem, Gul Mohammad and Ishaq   had been killed  by co-accused.   During investigation the police found the applicants  innocent  and submitted report U/S 170 Cr.P.C  before the Magistrate but it seems   that learned Magistrate   insisted   upont he police to furnish fresh challan showing the present applicant and two others as absconders, such order was set aside by this Court with direction to place the names of the applicants  alongwith two others in      column –II  of the challan   and complainant  moved  application U/S 193 Cr.P.C r/w section 173 Cr.P.C in the Court of learned Sessions Judge Jacobabad who by its order dated 19.04.2011arrayed the applicants   as in the case.

                        Mr. Sarfraz Khan Jatoi, learned counsel for the applicant submits that there is no evidence available on record  that the applicants have hatched conspiracy  of murders of three deceased. He submits that the order arraying the applicants  as accused in the case is  based on presumptions and conjectures. 

                        Mr. Altaf Hussain Surahio, learned counsel for the State,  after  going through the police file  concedes that  no evidence is available against the applicants  for arraying them as accused in the case.  He further submits that he has no objection if  this criminal revision application is allowed and the names of the applicants arrayed in the case may be deleted.

                        In view of the no objection from  learned State Counsel, this criminal revision application is allowed. The impugned order  dated 19.04.2011 stand  is set aside.  The trial Court is directed to delete the names of applicants from the challan sheet. 

                        With the above observation, this criminal revision application is disposed of.

JUDGE